Earlier this week, a federal judge blocked the Trump administration’s
bid to withhold federal funding from US Sanctuary Cities. The judge ruled
that federal funding could not be withheld because a city “chooses
an immigration enforcement strategy of which the president disapproves.”

This ruling leaves the Trump administration zero for three in efforts to
use executive orders against immigrants and would-be immigrants.

What is a Sanctuary City?

While the administration paints a picture of an outlaw’s hideout,
sanctuary cities are simply cities that limit their cooperation with the
federal government with regard to detaining and deporting undocumented
immigrants. The local law enforcement in these cities do not turn over
undocumented immigrants to Federal authorities for deportation or detain
undocumented immigrants at the Federal authorities’ request.

Although the phrase refers to cities, many counties and a handful of states—including
California—have joined the ranks of governmental entities limiting
cooperation with federal authorities in this regard. It is estimated that
up to 200 cities, counties or states have adopted sanctuary city policies.
These policies in no way prevent or hinder the ability of federal authorities
to enforce immigration laws within their borders.

Local governments have many reasons for limiting cooperation with federal
immigration authorities, including prioritizing limited resources and
the complexity of federal immigration law. One of the key motivations
cited by sanctuary city leaders is public safety. When undocumented immigrant
populations are afraid to report crimes or cooperate in investigations
for fear of being turned over and deported by federal authorities, the
city becomes more dangerous for everyone.

Withholding Federal Funding from Sanctuary Cities

Long before he was elected President, Donald Trump was waging war against
US sanctuary cities in the press and before crowds of supporters. He repeatedly
highlighted a handful of isolated crimes committed by undocumented immigrants,
completely ignoring the millions of undocumented immigrants peacefully
living and working in the United States.

On his fifth day in office, Trump issued an executive order titled “Enhancing Public Safety in the Interior of the United States.” The order charged the Attorney General and Secretary of State
with ensuring that sanctuary cities do not receive most Federal grants.
Late last month, Attorney General Jeff Sessions announced that the federal
government would begin withholding funds from 118 jurisdictions identified
by the Department of Homeland Security as “sanctuaries.”

Life in US Sanctuary Cities

Although Trump has asserted that cracking down on sanctuary cities earlier
could have prevented “countless needless deaths,” law enforcement
officials and hard data tell a different story. The Major Cities Chiefs
Association, made up of the leadership of the largest city police departments
in the U.S. and Canada, is a leading defender of sanctuary cities. The
police organization says that immigration enforcement actions by local
police would undermine the trust between law enforcement and immigrant
communities. Thomas Manger, President of the organization and Montgomery
County, Maryland Police Chief, said “When immigrants come to view
their local police and sheriffs with distrust because they fear deportation,
it creates conditions that encourage criminals to prey upon victims and
witnesses alike.”

Contrary to the vague allegations of the Trump administration and others
in their camp, sanctuary cities are safer than non-sanctuary cities. In
2015, Dayton, Ohio police chief Richard Biehl told the House Immigration
Subcommittee that the city’s policies had led to a 22% reduction
in serious violent crime and a 15% reduction in serious property crime.

Dayton is not an isolated example. A
2012 study from the Center for American Progress determined that US sanctuary cities as a rule had lower crime rates and
stronger economies than their non-sanctuary counterparts. On average,
sanctuary cities had fewer murders, rapes, robberies, assaults, burglaries,
larceny, motor vehicle thefts, and arsons. Sanctuary cities also have
higher median incomes, lower unemployment rates and lower poverty rates.

Fortunately, all indications are that this executive order oversteps Presidential
powers and violates the U.S. Constitution. For the moment, sanctuary cities
are free to thrive.

The Alagiri Immigration Law Firm helps people with U.S. immigration matters.
For more information, call (650) 562-6900, or fill out the contact form on this site.

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